CH 3: Civil Dispute Resolution

Trial Courts

Bottom rung courts with witnesses and a jury to determine what happened; federal ones are District Courts.

Appellate Courts

Middle rung courts where judges review the trial record for rule errors without witness testimony.

U.S. Supreme Court

The top court with final say; reviews state cases only if they involve a federal issue.

Exclusive Federal Jurisdiction

Cases only federal courts can hear, including federal crimes, bankruptcy, patents, trademarks, copyrights, and antitrust.

Concurrent Jurisdiction

Cases that can be heard by either federal or state courts (federal question and diversity of citizenship).

Federal Question Jurisdiction

Concurrent jurisdiction where a case arises under the Constitution, federal statute, or treaty.

Diversity of Citizenship

Jurisdiction when parties are from different states and more than $75,000 is at stake.

State Jurisdiction

Covers everything federal power does not reach, such as most contracts, divorces, and same-state car accidents.

In Personam Jurisdiction

Power over a specific person, requiring a real connection to the state.

In Rem Jurisdiction

Power over a specific property or thing that is the subject of a legal dispute.

Attachment Jurisdiction

Court seizure of a defendant's unrelated property to satisfy a legal claim.

Venue

The legal rule determining the correct geographic location to file a lawsuit.

Complaint

The initial legal document filed by the plaintiff stating the facts and desired remedy.

Summons

Official notice served to a defendant informing them of a lawsuit and obligation to respond.

Answer

The defendant's formal written response admitting, denying, or defending against claims.

Reply

The plaintiff's response if the defendant raised new arguments in their answer.

Discovery

Mandatory exchange of evidence between parties before trial to prevent surprises.

Pretrial Conference

A meeting between the judge and attorneys to narrow issues or discuss settlement.

Challenge for Cause

Removing a potential juror due to proven bias, with unlimited challenges allowed.

Direct Examination

Questioning of a witness by their own lawyer.

Cross-Examination

Questioning of a witness by the opposing lawyer to find flaws.

Appeal

Requesting a higher court to review a trial outcome due to a prejudicial error.

Prejudicial Error

A trial mistake significant enough that it could have altered the verdict.

Judgment on the Pleadings

A motion claiming that even if all paperwork is true, there is no valid legal claim.

Summary Judgment

A ruling that evidence is so clear there are no factual disputes left to try.

Minimum Contacts

You need to have connection to the state where you are being sued for a court to assert PERSONAL JURISDICTION over an out of state defendant

Volkswagen v. Woodson

Issue: Can an a Oklahoma court excercise PERSONAL JURISDICTION over an non- resident car dealer

Rule: Courts can excercise personal jurisdiction if the defendant have “minimum contacts” in Oklahoma.

For that, Volkswagen must have a meaningful connection to the state through business operations, etc.

Application: World wide & seaway had no minimum contacts as world wide distributed to NY, NJ, & CT. Seaway was just a local NY car dealer. They did not sell, advertise, send products there or benefited from the sell of products.

C: The court of Oklahoma does not have the due process to excercise personal jurisdiction over Volkswagen.

Purposeful Availment

Intentional conduct by which a defendant benefits from or directs activities toward a state. A defendant cannot ordinarily be sued in a state solely because a product happened to end up there (think of VW case).